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Ordinance 3845zmnr :a AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO DEVELOPMENT REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES, REPEALING AND READOPTING CHAPTER 20�50 ECDC, AMENDING AND REPEALING CORRESPONDING REGULATIONS AND REFERENCES ELSEWHERE IN THE ECDC, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, beginning in April 2010, the Planning Board began to examine the existing siting and appearance requirements for wireless communications facilities in Edmonds as requested by the City Council; and WHEREAS, initially, it was felt that minor changes to the existing code language in sufficient to provide the additional clarification and protection that the Council was looking for regarding siting and visual impact; and WHEREAS, the Planning Board's work included extensive reading and discussion about the technology used by the wireless industry, how other jurisdictions regulate wireless facilities, and a driving tour of the wireless sites in the City to become better acquainted with the - - 7 4717fr t = — I — - --- — froren"r mr it, 1. as pertinent code from chapter 18�05 ECDC, into proposed chapter 20.50 ECDC-, and WHEREAS, the pro -posed permitting framework brings chapter 20.50 ECDC in line with the recently approved changes to land use permitting in Title 20; and WHEREAS, the proposed wireless communication facility regulations were also �-• •Iwyalwoffl n • held a public hearing • the proposed wireless communication facility regulations • regulations will protect the public interest to the extent allowed by federal law; NOW, THEREFORE, Section 1. Repealer. Chapter 20.50 of the Edmonds Community Development Code is new chapter 20.50 of the Edmonds Community Development Code is hereby adopted to read as- set • in Attachment A which is attached hereto and incorporated herein by this reference as Section 3. ECDC 18.05.000, entitled •. is -• amended to read as follows (new text is • in underline, deleted text is showii in 18.05.000 Scope. A. This chapter shall be interpreted to require all new, or extended utilities to be 1. "Utilities" shall mean all equipment used to deliver services by a utility such as electricity, telephone or cable television. L "Common utiliti " shall mean utilitie which serve • than one • • commercial E es s 9M �411 0 M 3. "Private utility services" shall mean the utilities which connect a lot • commercial Mffffl�� M 5. "Existing utility use" shall mean the existing utility service as judged in three categories: number of poles, number of lines and height of poles within the project area for which the permit is sought. 6. "New or extended utilities" shall mean only utilities which are being built or extended to serve a new commercial, industrial, or multifamily residential development which has not had that type of utility service, or to serve a new single-family residential subdivision. 1#29#= ii. Additions to any existing aboveground utility system where such additions are not for the purpose of serving new commercial development or a sin le family residential subdivision; 9 M Rebuilding or replacing existing common utilities; provided, that the rebuilt or replaced structures do not expand the existing utility's use within the project area by 10 percent, except as provided in chapter 2MO-ECDC M05AN(B" for wireless facilities. "Expansion" shall include the number and height of poles, as well as the number of wires or cable carried ipr replaced service shall be reviewed prior to issuance of a permit by the community services firector. Any utility service found to be a "new or extended" service or an "expanded" service MrIz= 8� "Project area" shall mean the actual area in which the project is proposed and shall include all structures or facilities actually, physically impacted by the improvement as well as & Exemptions. The following are exempt from the underground requirement of ECDC ff MIM mil E 2. Electrical utilities •I • than 55 kilovoltM 3. Communication utilities not located • • along a public street right-of-way or • 4. Street light poles; 5. Telephone pedestals and similar devices; 6. Police and fire sirens, traffic -control devices and other similar municipal equipment; 7. Communication antennas which meet current FCC requirements, if any. 1. All utilities shall be installed in accordance with all applicable national, state and city I Where different utilities are planned • required in the same corridor, each utility shall a7-All aboveground utilities except poles, appurtenances, and overhead r• lines shall •- • •; M@I it) 61 landscaping • walls, fences, etc.; provided that adequate access for use and maintenance through M�� b� The owner of the property on which the aboveground utilities are located or the owner _Lf �the nopg� a install and permanently maintain the enclosure and screeningboveground facilities needed • . .. . . .............. . . ...... ...... .... MA M Mr.-- - MWER wz=. WMI M MM=. w4u. Section 5. ECDC 16.20.040 is hereby amended to read as follows (new text is shown in underline, deleted text is shown in stfiked4our-51-1 : A, Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average o the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered Porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the "average front setback" determination. An applicant for such a determination shall provide a drawing which locates the street [!,roperty line for the entire block, as well as the existing street setbacks of all buildings required- Lo be used for the purpose of calculating the "average front setback." The drawing shall be B. Eaves and Chimneys� Eaves and chimneys may project into a required setback not FISOMMIMOVEM C. Porches and Decks. Uncovered and unenclosed Porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. ............... . ........ 6 E. • Lots. Comer lots have no rear setback; all setbacks • than the street 1, Height. The height • a residential •• • pier shall not exceed five feet ,r• the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark • that height necessary to provide • •• emergency protection 2. • • • any residential •• or pier shall not exceed the lesser of 35 feet Ar Tv-, oct-ss' 'er - . witli,i-t 300 feet of Vie silbiect - k or nie , 4. Setbacks. All residential •• • piers shall •r a minimum 1 0-foot side yard setback from a property line or a storm drainage outfall. joint use docks or piers may be located • the side property line; provided, that the abutting • property • shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition • the issuance • a building • Joint use •• • • shall observe all •}? IM M 8. Covered Buildings. No covered building shall be allowed • any • •• • 0 Section 6. Subsection ECDC 19.00.025.R, which makes local amendments to Section 3108.1.1 to the International Building Code, is hereby amended to read as follows (new text is shown in underline, deleted text is shown in R. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed Or lattiee toweni—,whip antennas, panel antennas, parabolic antennas and related • equipment, and • equipment shelters (regardless • size) including roof mounted equipment shelters. Section 7. The following sections of Title 21 ECDC, which contain various definitions related to wireless communications facilities, are hereby repealed: ECDC 21.05.035. Antenna. ECDC 21.05.055. Attached wireless communication facility. ECDC 21.15.035. Co -location. ECDC 21.3 5.040. Guyed tower. ECDC 21.55.005. Lattice tower. ECDC 21.60.002. Macro facility. ECDC 21.60.004. Micro facility. ECDC 21.60.006. Mini facility. ECDC 21.60.045. Monopole I. ECDC 21.60.046. Monopole 11. ECDC 21.100.080. Transmission tower. ECDC 21.115.022. Wireless communication facility. ECDC 21.115.024. Wireless communication support structure. 8 Section 8. Severabilit , If any section, subsection, clause, sentence, or phrase of this mums= I P, IN Torro 9 IT4 ml- Section 9. Effective D. This ordinance, being an exercise of a power specifically =1 III q Jill 1 ��Wliliiiiiii MITI RIM liff Ili! 11 , I I� 1 1, 1 � 1, 1 mmmmssmmm MAYOR MIKE COOP 'CITY CLERK, SANDRA S. CHASE lin U W oteivi I Iiii relze-mm OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TA DAY FILED WITH THE CITY CLERK: 07-01-2011 PASSED BY THE CITY COUNCIL: 07-05-2011 PUBLISHED: 07-10-2011 EFFECTIVE DATE: 07-15-2011 ORDINANCE O. 13845 0 On the 5t� day of July, 2011, the City Council of the City of Edmonds, passed Ordinance No. 3 845. A summary of the content of said ordinance, consisting of the title, provides as follows: CITY CLERK, SANS RA S. CHASE 4929-3622-5033, v. I E�a'1i�rA k' k Chapter 20.50 Wireless Communications Facilities 20.50.010 Purpose. 20.50.020 Applicability. 20.50.030 Exemption. 20.50.040 Prohibitions. 20.50.050 General siting criteria and design considerations. 20.50.060 Permit requirements. 20.50.070 Application requirements. 20.50.080 Review timeframes. 20.50.090 Building -mounted facility standards. 20.50.100 Structure -mounted facility standards. 20.50.110 Monopole facility standards. 20.50.120 Temporary facilities. 20.50.130 Modification. 20.50.140 Abandonment or discontinuation of use. 20.50.150 Maintenance. 20.50.160 Definitions. 20.50.010 Purpose. A. The purpose of this Chapter is to regulate the placement, construction and modification o wireless communication facilities, in order to protect the health, safety and welfare of th public, while not unreasonably interfering with the development of the competitive wireles telecommunications marketplace in the City. The purpose of this Chapter may be achieve through adherence to the following objectives: 1. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to negative impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, and health and safety of persons and property; 2. Establishment of clear and nondiscriminatory local regulations concerning wireless telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 3. Encourage providers of wireless communication facilities to locate facilities, to the extent possible, in areas where the adverse impact on the community is minimal; 4. Encourage the location of wireless communication facilities in nonresidential areas and allow wireless communication facilities in residential areas only when necessary, to meet functional requirements of the telecommunications industry as defined by the Federal Communications Commission; 5. Minimize the total number of wireless communication facilities in residential areas; 6. Encourage and where legally permissible, require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable cAdocurnents and settings\chaseMocal settings\temporary internet fi I es\content. outl ook\xnh97z7q\wire less code draft for 4-27-11 pb hearing.doc Page 1 of 18 cAdocuments and settings\chase\local settings\tempOTary internet files\content,outlook\xnh97z7q\vvireless code draft for 4-27-11 pb hearing.doc Page 2 of 18 A. Except as provided herein, all wireless communications facilities shall comply with the provisions of this chapter. The standards andprOcess requirements of this chapter supersede all other review process, setback, height or landscaping requirements of the Edmonds Community Development Code. B. All proposed installations are subject to a threshold determination under the State Environmental Policy Act (SEPA) according to ECDC 20�15A unless categorically exempt pursuant to WAC 197-11-800. 20.50.030 Exemptions. The following are exemptions from the provisions of this chapteri A. Radar systems for military and civilian communication and navigation. B. Handheld, mobile, marine and portable radio transmitters and/or receivers, C. Satellite antennas, including direct to home satellite services, and those regulated in ECDC 16.20.050.D. D. Licensed amateur (ham) radio stations and citizen band stations as regulated in ECDC 16.20.050.E. E. Earth station antenna(s) one meter or less in diameter and located in any zone. F. Earth station antenna(s) two meters or less in diameter and located in the business and commercial zones. G. Maintenance or repair of a communication facility, antenna and related equipment, transmission structure, or transmission equipment enclosures; provided, that the equipment, structure or enclosures maintain compliance with the standards of this chapter, If the cost of repair of a legally nonconforming equipment, structure and/or enclosure exceeds 50% of the fair market value of the equipment, structure and/or enclosure, the repair shall be conducted in accordance with the provisions of this chapter. H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a facility until five business days after the completion of such emergency activity. 20.50.040 Prohibitions. A. The following wireless communications facilities are prohibited in Edmonds. I , Guyed tower 2. Lattice towerl B. Monopoles are prohibited in the following locations: 1. All residential zones [single family (SF) and multifamily (MF)I; 2. Downtown Waterfront Activity Center; 3. Public (P) and Open Space (OS) zoned parcels; and 4. Within the City rights -of -way. cAdocurnents and settings\chasc\local scttings\temporary internet fi leAcontent. outlook\xnh 97z7q\w ire I css code draft for 4-27-11 pb hearing.doc Page 3 of 18 20.50.050 General Siting Criteria and Design Considerations. A. The City of Edmonds encourages wireless communications providers to use existing sites or more frequent, less noticeable sites instead of attempting to provide coverage through use of taller towers. To that end, applicants shall consider the following priority of preferred locations for wireless communication facilities: 1. Co -location, without an increase in the height of the building, pole or structure upon which the facility would be located; 2. Co -location, where additional height is necessary above existing building, pole, or structure; 3. A replacement pole or structure for an existing one; 4. A new pole or structure altogether. B. Co -location shall be encouraged for all wireless communications facility applications and is implemented through less complex permit procedures. 1 � • the greatest extent technically feasible, .r• for new monopole facilities shall be required to build • capable • accommodating at least • • carrier. 2. • Wireless Communication Facility that requires an conditional use permit (CUP) under the provisions of this chapter shall be separated by a minimum of 500 feet from any other facility requiring an CUP, unless the submitted engineering information clearly indicates that the requested site is needed in order to provide coverage for the particular provider and • siting options have been analyzed and proven infeasible. C. Noise. • facility that • a generator • other device which will create • audible beyond the boundaries of the site must demonstrate compliance with Edmonds City Code (ECC) Chapter 5.30, "Noise Abatement and Control". A noise report, prepared by an • engineer, shall •" submitted with any application to construct and •r a wireless communication facility that will have a generator or similar device. The City may require that the report be reviewed by a third party expert at the expense of the applicant. D� Business license requirement. Any person, corporation or entity that operates a wireless communication facility within the City shall have a valid business license issued annually by the City. • person, corporation • other business entity which • a monopole also is required to obtain a '• license on an annual basis. E. Signage� Only safety signs or those mandated by a government entity with jurisdiction may be located on wireless communication facilities. No other types of signs are permitted on wireless communication facilities. F. Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance • the proposed facility. G. Finish. A monopole shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color so as to reduce its visual obtrusiveness. H. Design. The design of all buildings and ancillary structures shall use materials, colors, textures, screening and landscaping that will blend the facilities with the natural setting and built • 1. Color. All antennas and ancillary facilities located •: buildings or structures • than monopoles shall be • a neutral color that is identical to or • compatible with the color cAdocurnents and settings\chase\local settingsVernporary internet files\content.outlook\xnh97z7q\wjreless code draft for 4-27-11 pb hearing.doc Page 4 of 18 Odocuments and settings\chase\local settings\temporary intemet files\content. outlook\xnh97z7q\wire less code draft for 4-27-11 pb hearing.doc Page 5 of 18 b. Landscaping area shall be a minimum of 5 feet in width around the perimeter of the enclosure. d. Landscaping shall be located so as not to create sight distance hazards or conflicts with other surrounding utilities. 3. When landscaping is used, the applicant shall submit a landscaping bond pursuant to ECDC 20.13.040. 4. The use of chain link, plastic, vinyl or wire fencing is prohibited. Ornamental metal or wood fencing materials are preferred. 20.50.060 Permit Requirements. A. No person may place, construct, reconstruct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable requirements of ECDC Title 20 and ECDC Title 18. B . Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table 20.50.060.13(l). In the event of uncertainty on the type of a wireless facility, the Director shall have the authority to determine what permits are required for the proposed facility. The Conditional Use Permit types referenced are described in ECDC Chapter 20.01. Table 20.50.060.B(1) — Permit Requirements for Wireless Communications Facilities Permits Required Conditional Building Right -of - Type of Wireless Communications Facility Use Permit Permit Way Permit (CUP) Building -mounted facilities or facilities co -located on an existing monopole X Structure -mounted facilities (excluding co -location on existing monopole) X X X (as (Type 11) (as applicable) applicable) Monopole facilities (structure complies with height requirement of the X underlying zone in ECDC Title 16) Monopole facilities (structure exceeds maximum height of zone in ECDC Title X 16) X (Type 111-13) cAdocurnents and settingskhas6local settings\ternporary intemet files\content.outlook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page 6 of 18 e. Any specific engineering or technical issues designated by the City� J. Any decision by the Director or the Director of Public Works shall be given substantial deference in any appeal of a decision by the City to either approve, approve with conditions, or deny any application for a wireless communication facility. K. No alterations or changes shall be made to plans approved by the Director, Director of Public Works, • Hearing Examiner without the approval of the City� Odocuments and settings\chase\local settings\temporary intemet filcs\content.outlook\xnh97z7q\wiTeleSS code draft for 4-27-11 pb hearing,doc Page 7 of 18 L. Co -location of additional antennas on permitted nonconforming monopoles is not considered to increase the nonconformity of the structure and is therefore allowed; provided, no increase to the height of a nonconforming monopole is allowed. , - I 1 11 1 1 In addition to the requirements of ECDC 20.02.002, and those associated with the permit types referenced in Section 20.50.060, the following information must be submitted as part of a complete application for a wireless communications facility permit in the City of Edmonds: A. Project description including a design narrative, technology description, and co -location analysis indicating the alternative locations and technologies considered; B. Existing wireless coverage map overlaid on a current aerial photo showing provider's existing facilities and wireless coverage in the area; C. Proposed wireless coverage map overlaid on a current aerial photo showing provider's wireless coverage with the proposed facility; D. Site information on scaled plans, including; 1. Site plan 2. Elevation drawings 3. Undergrounding details, as applicable 4. Screening, camouflaging or landscaping plan and cost estimate (produced in accordance with ECDC 20.13), as appropriate E. Photos and photo -simulations showing the existing appearance of the site and appearance of the proposed installation from nearby public viewpoints; F. Noise report (per ECDC 20.50.050.C), if applicable; G. Radio frequency emissions report for the proposed facility, which shall not be reviewed further byte City; H. Any other documentation deemed necessary by the Director in order to issue a decision, 20.50.080 Review Timeframes. A. Co -located facilities (building- and structure mounted). 1 . For new or replacement wireless antennas mounted on existing structures requiring a building or engineering pen -nit, the City shall issue a final decision on the project within 90 days of the date the application is determined to be complete. The City shall have 30 days from the date of filing to determine whether the application is complete; if deemed incomplete, the City shall inform the applicant in writing of the documentation needed to make the application complete� The City shall have 14 days from the receipt of the additional information to issue a letter of completeness, or request additional information as appropriate. Such decision shall be final and appealable only to Superior Court under the Land Use Permit Act. 1 The 90-day time period for a decision may be extended by mutual written agreement of the City and the applicant if circumstances warrant. 3. For purposes of this section, "co -located facilities" includes any of the following types of facilities: cAdocuments and settings\chaseVocal seffingsVemporary intemet files\content.outtook\xnh97z7q\wireless code draft for 4-27-11 pb hearing,doc Page 8 of 18 a. Facilities that are mounted or installed on an existing monopole, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes; or b. Facilities that do not involve a substantial increase in the size of a monopole. For purposes of this section, "substantial increase in the size of a monopole" means: 1) The mounting of the proposed antenna on the monopole would increase the existing height of the monopole by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, provided, however, that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; 2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; 3) The mounting of the proposed antenna would involve adding an appurtenance to the body of the monopole that would protrude from the edge of the tower more than twenty feet, or more than the width of the monopole at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the monopole via cable; or 4) The mounting of the proposed antenna would involve excavation outside the current monopole site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site; or c. Facilities that are a part of a Distributed Antenna System, provided that the Distributed Antenna System connects to an existing tower or antenna. A Distributed Antenna System, for the purposes of this section, is a network of spatially separated antenna sites connected to a common source that provides wireless service within a discrete geographic area or structure. B. New monopoles, Wireless communication facilities requiring a Type 111-B conditional use • shall meet the requirements • ECDC 20.05. 20.50.090 Building -Mounted Wireless Communication Facility Standards. A. Generally. Wireless communication facilities located on the roof or on the side of the building shall be grouped together, integrated to the maximum possible degree with the building design, placed toward the center of the roof and/or thoroughly screened from residential building views and from public views using radio frequency -transparent panels. Building -mounted wireless communication facilities shall be painted with non -reflective colors to match the existing surface where the antennas are mounted. & Height. The following requirements shall apply: 1. Downtown Waterfront/Activity Center (as identified in the Edmonds' Comprehensive Plan). For buildings at, or which exceed, the height limit of the underlying zone, antennas shall be flush -mounted and no portion • the antenna may extend .i• the cAdocuments and setfings\chas6local settingsVemporary intemet files\content.outlook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page 9 of 18 20.50.100 Structure -Mounted Wireless Communication Facilities Standards. A. Generally. Wireless communication facilities located on structures other than buildings, such as utility poles, light poles, flag poles, transformers, and/or tanks shall be designed to blend with these structures and be mounted on them in an inconspicuous manner. 1. Wireless communication facilities located on structures within unzoned City rights -of - way adjacent to single family residential (RS) zones shall satisfy the following requirement- a� No metal pole Or tower shall be used within the right-of-way adjacent to a single- family zoned neighborhood unless required in order to comply with the provisions of the State Electrical Code, Wooden poles of height and type generally in use in the surrounding residential neighborhood shall be used unless prohibited by the State Electrical Code. 2. Wireless communication facilities located on structures shall be painted with non - reflective colors in a scheme that blends with the underlying structum cAdocurnents and seffings\chas6local settingsVernporary intemet filcs\content.outlook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page I I of 18 objective2. That no existing monopoles, structures or alternative site(s) are located within the geographic area that meet the applicant's engineering requirements to fulfill its coverage •. • of geographical boundaries of 3. That existing monopoles or structures are not of a sufficient height or could not feasibly be extended to a sufficient height to meet the applicant's engineering requirements to meet its coverage objective; 4• structures or • ••• •• not have sufficient structural• • support the applicant's proposed antenna and ancillary facilities; 5. That the applicant's proposed antenna would cause electromagnetic interference with antennas on the existing monopoles or structures, or the antennas on existing structures would cause interference With the applicant's proposed antenna'. That an unsuitable. Costs of alternative technology that exceed new monopole or antenna development shall not be presumed to render the technology unsuitable; and 7. The applicant demonstrates other limiting factorsr-r existing monopoles an( structures oother sites or • • .• technological evidence must be provided and certified by a registered professiona engineer and clearly demonstrate the evidence required. D. • • setback exceptions. 1. Generally, wireless communication facilities placed on private property setbacks identified in ECDC Title 16. However, in some circumstances, allowinj modifications to setbacks may better achieve the goal of • of • facilities from view. I The Director or Hearing Examiner, depending on the type of application, may approv, modifications to be made to setbacks applicant for•r • demonstrate that placing facility on portions of property provide better screening and aesthetil considerations than provided under the existing setback requirements; or b. The modification will aid in retaining open space and trees on the site; or c. The proposed location allows for the wireless communication facility to be located greater distance from,r- • `• properties. 3. This zoning setback modification• be used to waive/modify any setback-q-ri under the State Building Code or Fire Code. 4. A request for a setback exception shall be made at the time the initial application i submitted. 0 Temporary A. The installation of a "cell on wheels" or COWS and the installation site shall comply with all applicable laws, statutes, requirements, rules, regulations, codes, including, but not limited to the Uniform Fire Prevention and Building Code and National Electric Code. B. ` only be . • in the immediates of declared emergencies in the City of Edmonds in order to provide temporary wireless service. All COWS and related c:\documents and settings\chase\local settings\temporary internet filcs\content. out]ook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page 14 of 18 appurtenances shall be completely removed from the installation site within thirty (30) days of the date of the end of the emergency as determined by the Mayor, 20.50.130 Modification. The rf •' • co -applicant apply to alter the terms of • • f .; by •• • specific featuresof - -ss communication facility. If any of • • changesproposed or occur,•• • be submitted to the City as a new CUP application, This provision shall not apply to routine maintenance of a wireless communication facility (WCF), as described in ECDC1 1 1 t I I •�; r,r��r rr r r 1 rr r .. rrfill? licensedA. At such time that a carrier plans to abandon or • operation of communication facility, such carrier will notify the Director by certified U,S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. B. In the event that a licensed carrier fails to give such notice, the wireless communication facility shall be • •- • abandoned upon the discovery of discontinuation of operations. C. Within 91 days fromdate of abandonment or discontinuation of use, the carrier shall physically remove• • ' •include, but • be limited to: 1. Removal of antennas, mounts or racks, the equipment enclosure, screening, cabling and the like from r r • 2. Transportation of • -r to a repositoryoutside of Restoration of _ wireless communication facilitysite to its pre -permit condition,except that any landscaping provided by - wireless communicationoperator place.remain in section,4. If a carrier fails to remove a wireless communication facility in accordance with this • to enter the subjectproperty an• physically remove the facility. Costs for removal of the wireless communication facility shall be charged to the wireless communicationowner or operator removes- 20.50.150 Maintenance. A, The applicant shall maintain the WCF to standards that may be fo • by time of granting a permit. Such maintenance shall include, but not be limited to, painting, structural integrity, • landscaping. ri, In the event the applicant fails to maintain the facility, the City of • • •undertake enforcement action as allowed by existing codes and regulations. c:\documents and settings\chase\local settings\temporary intemet files\content. out1ook\xnh97z7q\wire1ess code draft for 4-27-11 pb hearing.doc Page 15 of 18 A. Antenna. A device used to capture an incoming and/or to transmit an outgoing radio -frequency signal. Antennas include, but are not limited to, the following types: ornni-directional (or "whip"), directional (or "panel"), parabolic (or "dish"), and ancillary antennas (antennas not directly used to provide wireless communication services). B. Cell -on -wheels (C Cell -on -wheels (COW). COs are used to provide temporary service, usually for special events, before the installation of a'permanent wireless site, or in emergencies. C. Co -location. Collocation means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting -and/or receiving radio frequency signals for communications purposes D. Distributed Antenna System (DAS). Distributed Antenna System (DAS). DAS is a network of spatially separated antenna sites connected to a common source that provides wireless service within a discrete geographic area or structure. E. Guyed tower. Guyed Tower. A monopole or lattice tower that is tied to the ground or other surface by diagonal cables. F. Lattice tower. Lattice tower is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment. G. Licensed carrier. Licensed carrier is a company authorized by the Federal Communications Commission to build and operate a commercial mobile radio services system. H. Monopole. Monopole. A freestanding structure which consists of a single vertical pole, fixed into the ground and/or attached to a foundation with no guy wires built for the sole or primary purpose of supporting FCC -licensed antennas and their associated facilities. Antenna(s) may be externally mounted (visible antenna) or internally mounted (no visible antennae). . Satellite Earth Station Antenna. A satellite earth station antenna which includes any antenna in any zoning district that: 1. Is designed to receive direct broadcast satellite service, including direct -to -home satellite services, and that is one meter or less in diameter; 2. Is two meters or less in diameter in areas where commercial or industrial uses are generally permitted; cAdocuments and settings\chas6local seffingsVernporary intemet files\content.outlook\xnh47z7q\wireless code draft for 4-27-11 pb hearing.doc Page 16 of 1 3. Is designed to receive programming services by means of multi -point distributioD services, instructional television fixed services, and local multi -point distributio services, that is one meter or less in diameter or diagonal measurement; and I 4. Is designed to receive television broadcast signall Unlicensed Wireless Services, The offering of • • • duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home s,?.. - K. Wireless communication facility. Wireless Communicatiod facility for• • reception of .• • or •wave signals used for commercial• • provides includeservices which phone, personal communicationother mobileradio • any other service provided by • • r by • Communications ♦ •n (FCC). WCFs are composed of • or • - of the following components: 1. Antenna; 2. Mount; 3. Equipment enclosure 4. Security barrier. - Communication Building 1 ` li.. Wireless Communication Facility (WCF), Building Mounted. Wireless communication facility mounted to the roof, wall or chimney of a building� Also, those antennas mounted on existing monopoles. M. Wireless Communication Camouflaged. Wireless Communication Facility, Camouflaged. A wireless communication facility that is disguised, hidden, or integrated with an existing structure that is not a monopole, guyed, Or lattice tower, or placed within an existing or proposed N. Wireless Communication 1 Wireless Communication • •ment Enclosure. A small structure, shelter,cabinet,or vault used to house and protect the electronic equipment necessary for processing wireless communications signak Associated equipment may include air conditioning and emergency generators. I). Wireless CommunicationMonopole. attachedWireless Communication Facility (WCF), Monopole. Wireless communication facility not to . structure or building and not exempted • -• ., •20.50.010. Does not include co -location of a facility on an existing monopole, utility pole, light pole, or flag pole. c:\docurnents and settings\chase\local settings\temporary intcmet files\content.outlook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page 17 of 18 P. Wireless Communication Facility (WCF), Related Equipment. Related equipment is all equipment ancillary to a wireless communication facility such as coaxial cable, GPS receivers, conduit and connectors. Q. Wireless Communication Facility (WCF), Structure Mounted. Wireless Communication Facilit 3 e ,y (WCF) Structure Nlounted� Wireless communication facility located on structures other than buildings, such as light poles, utility poles, flag poles, transformers, and/or tanks. R. Wireless Communications Services. Wireless Communications Services. Any personal wireless services as defined in the Federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging, and similar services that currently exist or that may be developed in the futurc� Odocuments and settings\chase\local setfingsVemporary intemet files\content.outlook\xnh97z7q\wireless code draft for 4-27-11 pb hearing.doc Page 18 of 18 STATE OF COUNTY OF l r M I e Am ersigne , being first only sworn on oatn 1,- Snohomish, and State of Washington; that THE HERALD, a daily newspaper printed and published in the City ofEverett, County of newspaper is a newspaper of general circulationand said newspaper has been approved ordernewspaper by i d that the notice Summqr cif Qrdmance N® 3845 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 10, 2011 and that said newspaper was regularly distfljiaetl to its subscribers daring all of said period. Account Name: City of Edmonds Account Number: 101416 Order Number: 0001743184